Tweet
Attorney asks judge to have Obama vetted
Decision expected soon in constitutional fight over ballot eligibility
WND
6/27/2012
Excerpt:
"TALLAHASSEE, Fla. – Just make sure Barack Obama meets the requirements of the Constitution to be president.
That’s essentially what a lawsuit pending before a Florida judge is seeking, according to attorney Larry Klayman, who has proposed to Judge Terry Lewis an order the judge could adopt, excerpt or reject.
Lewis is best known for presiding over the 2000 Bush v. Gore election dispute and is credited with making crucial rulings in that case.
Klayman filed the current challenge to Obama’s eligibility for the Florida ballot on behalf of Michael Voeltz, who identifies himself in the complaint as a registered member of the Democratic Party, a voter and a taxpayer in Broward County.
In a proposed memorandum opinion and order Klayman has just submitted to the judge, he asks for a determination that Florida Secretary of State Ken Detzner “has an affirmative duty to determine the eligibility of defendant Obama before his name is placed on the Florida primary or general election ballots, or before the presidential electors for the state of Florida cast their votes after the 2012 general election should he ‘win’ the Florida presidential election.”
Klayman suggests that the court issue “preliminary and permanent injunctions preventing the certification, by the Florida Election Canvassing Commission, of defendant Obama as Democratic Party nominee for the 2012 presidential primary and Florida general elections, as well as preliminary and permanent injunctions preventing the placement of defendant Obama’s name on the 2012 Florida presidential primary and general election ballots and with regard to the presidential electors voting for defendant Obama should he ‘win’ the Florida general election for the office of the president of the United States.”
The court should “issue a writ of mandamus requiring that the Florida Secretary of State adhere to the Florida and U.S. Constitutions and verify the eligibility of defendant Obama for the office of the president of the United States, or rule that the failure to do so is an abuse of discretion, arbitrary and capricious and contrary to law,” the proposal recommends.
Klayman argues there is reasonable doubt as to whether Obama was born in the United States, which could cast doubt on his citizenship. Klayman says “even if he was born within the United States, plaintiff seeks to have this court declare that defendant Obama is not a natural born citizen as described by the U.S. Constitution because he was not born in the United States and to two U.S. citizen parents.”
Klayman suggests that the court has jurisdiction, since a Florida law provides that anyone qualified to vote in the election may challenge a candidate based on “ineligibility of the successful candidate for the nomination or office in dispute.”
The complaint alleges Obama’s birth certificate is “altered or otherwise forged,” a claim supported by investigators for Sheriff Joe Arpaio of Maricopa County, Ariz. Arpaio’s Cold Case Posse has concluded there is probable cause that the document is forged and it was fraudulently presented as an official document.
“The Cold Case Posse was commissioned by Sheriff Joseph Arpaio in
October 2011 and is comprised of former law enforcement investigators and practicing attorneys. Mr. Michael Zullo was the lead investigator for the Cold Case Posse and was charged with the task of determining whether the electronic document released by the White House as Barack Obama’s birth certificate was, in fact, authentic. In February 2012, the Cold Case Posse informed Sheriff Arpaio that there was likely forgery involved with the documents,” the proposed order states.
“Mr. Zullo’s conclusions, under oath, were also supported by the sworn, filed, and timely served affidavit of Jerome Corsi, Ph.D., a journalist and author currently employed as a senior staff reporter by WND.com. Dr. Corsi holds a Ph.D. from Harvard University and has extensively researched defendant Obama and his past. Dr. Corsi utilized his extensive research to publish his book ‘Where’s the Birth Certificate: The Case That Barack Obama is Not Eligible to Be President.’ Dr. Corsi’s book provides further sworn corroboration, under oath, of allegations of falsities and forgeries within defendant Obama’s records.”
Klayman further argues that even if evidence eventually shows Obama was born within the United States, “he is not a ‘natural born citizen,’ a term that requires birth to two U.S. citizen parents.”
Klayman argues that “the statute clearly states that if there is only one candidate at the close of qualification, that candidate is automatically nominated for office.”
It was that provision that attorneys for Obama argued about at a recent hearing in which the judge asked attorneys to document the definition of “natural born citizen.”
Klayman had cited the U.S. Supreme Court Minor v. Happersett decision to support his contention that a “natural born citizen” is the offspring of two citizen parents. But Obama’s attorneys had not submitted any citation for their contention that “natural born citizen” essentially was the same as “citizen.”
The arguments were raised by attorney Mark Herron on behalf of Obama in the earlier hearing. The attorneys alleged that listing Obama as the only Democrat nominee at the Florida presidential preference primary didn’t make him the nominee.
Herron argued Florida law affirms only that Obama is the choice in the state’s presidential preference primary but is not necessarily the party’s nominee for president.
“This language clearly indicates the winner of the president preference primary, not the nominee of the party,” he said in the hearing."
.........................................
View the complete article at:
http://www.wnd.com/2012/06/attorney-...-obama-vetted/
Decision expected soon in constitutional fight over ballot eligibility
WND
6/27/2012
Excerpt:
"TALLAHASSEE, Fla. – Just make sure Barack Obama meets the requirements of the Constitution to be president.
That’s essentially what a lawsuit pending before a Florida judge is seeking, according to attorney Larry Klayman, who has proposed to Judge Terry Lewis an order the judge could adopt, excerpt or reject.
Lewis is best known for presiding over the 2000 Bush v. Gore election dispute and is credited with making crucial rulings in that case.
Klayman filed the current challenge to Obama’s eligibility for the Florida ballot on behalf of Michael Voeltz, who identifies himself in the complaint as a registered member of the Democratic Party, a voter and a taxpayer in Broward County.
In a proposed memorandum opinion and order Klayman has just submitted to the judge, he asks for a determination that Florida Secretary of State Ken Detzner “has an affirmative duty to determine the eligibility of defendant Obama before his name is placed on the Florida primary or general election ballots, or before the presidential electors for the state of Florida cast their votes after the 2012 general election should he ‘win’ the Florida presidential election.”
Klayman suggests that the court issue “preliminary and permanent injunctions preventing the certification, by the Florida Election Canvassing Commission, of defendant Obama as Democratic Party nominee for the 2012 presidential primary and Florida general elections, as well as preliminary and permanent injunctions preventing the placement of defendant Obama’s name on the 2012 Florida presidential primary and general election ballots and with regard to the presidential electors voting for defendant Obama should he ‘win’ the Florida general election for the office of the president of the United States.”
The court should “issue a writ of mandamus requiring that the Florida Secretary of State adhere to the Florida and U.S. Constitutions and verify the eligibility of defendant Obama for the office of the president of the United States, or rule that the failure to do so is an abuse of discretion, arbitrary and capricious and contrary to law,” the proposal recommends.
Klayman argues there is reasonable doubt as to whether Obama was born in the United States, which could cast doubt on his citizenship. Klayman says “even if he was born within the United States, plaintiff seeks to have this court declare that defendant Obama is not a natural born citizen as described by the U.S. Constitution because he was not born in the United States and to two U.S. citizen parents.”
Klayman suggests that the court has jurisdiction, since a Florida law provides that anyone qualified to vote in the election may challenge a candidate based on “ineligibility of the successful candidate for the nomination or office in dispute.”
The complaint alleges Obama’s birth certificate is “altered or otherwise forged,” a claim supported by investigators for Sheriff Joe Arpaio of Maricopa County, Ariz. Arpaio’s Cold Case Posse has concluded there is probable cause that the document is forged and it was fraudulently presented as an official document.
“The Cold Case Posse was commissioned by Sheriff Joseph Arpaio in
October 2011 and is comprised of former law enforcement investigators and practicing attorneys. Mr. Michael Zullo was the lead investigator for the Cold Case Posse and was charged with the task of determining whether the electronic document released by the White House as Barack Obama’s birth certificate was, in fact, authentic. In February 2012, the Cold Case Posse informed Sheriff Arpaio that there was likely forgery involved with the documents,” the proposed order states.
“Mr. Zullo’s conclusions, under oath, were also supported by the sworn, filed, and timely served affidavit of Jerome Corsi, Ph.D., a journalist and author currently employed as a senior staff reporter by WND.com. Dr. Corsi holds a Ph.D. from Harvard University and has extensively researched defendant Obama and his past. Dr. Corsi utilized his extensive research to publish his book ‘Where’s the Birth Certificate: The Case That Barack Obama is Not Eligible to Be President.’ Dr. Corsi’s book provides further sworn corroboration, under oath, of allegations of falsities and forgeries within defendant Obama’s records.”
Klayman further argues that even if evidence eventually shows Obama was born within the United States, “he is not a ‘natural born citizen,’ a term that requires birth to two U.S. citizen parents.”
Klayman argues that “the statute clearly states that if there is only one candidate at the close of qualification, that candidate is automatically nominated for office.”
It was that provision that attorneys for Obama argued about at a recent hearing in which the judge asked attorneys to document the definition of “natural born citizen.”
Klayman had cited the U.S. Supreme Court Minor v. Happersett decision to support his contention that a “natural born citizen” is the offspring of two citizen parents. But Obama’s attorneys had not submitted any citation for their contention that “natural born citizen” essentially was the same as “citizen.”
The arguments were raised by attorney Mark Herron on behalf of Obama in the earlier hearing. The attorneys alleged that listing Obama as the only Democrat nominee at the Florida presidential preference primary didn’t make him the nominee.
Herron argued Florida law affirms only that Obama is the choice in the state’s presidential preference primary but is not necessarily the party’s nominee for president.
“This language clearly indicates the winner of the president preference primary, not the nominee of the party,” he said in the hearing."
.........................................
View the complete article at:
http://www.wnd.com/2012/06/attorney-...-obama-vetted/